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Vitré editorial team
Published on
Oct 9, 2024 at 5:52 p.m.
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The administrative court of Rennes took several decisions to rule on requests which had been submitted to it by residents of the Brittany – Pays de la Loire High Speed Line (LGV).
The properties are located at Domagne and Pertre (Ille-et-Vilaine).
A local resident gets 80,000 euros
The first, a local resident, demanded €110,000 in compensation to SNCF Réseau and/or Eiffage. Homeowner, the LGV is located approximately 125 meters from the property line. The house itself is 150 meters away.
“The LGV, from which it is separated by cultivated land, is not subject to any acoustic development and is located on an embankment,” contextualizes the administrative court.
This owner is therefore “particularly exposed inside and outside” his house to noise peaks when the TGVs pass.
“The noise levels generated are likely to harm any tranquility, night or day, and in particular significantly degrade the enjoyment of the pleasure terraces,” underline the Rennes judges.
“Moreover, the visual damage is significant since the track is very close and located on an embankment. »
For these “significant and disturbing levels of sound emergence”, Eiffage Rail Express (ERE) was therefore ordered to pay him €80,000 in compensation.
The subsidiary of the public works group will also have to take responsibility for the €12,000 expert fees.
48 train crossings between 6 a.m. and 10 p.m.
Eiffage will also have to pay 145 000 € compensation to two people who live in Domagné. The company will also have to pay the expert’s fees of €14,000 and pay them €1,500 in legal costs.
Owners of a house located on 6,800 m² of land 75 meters from the LGV, they for their part assessed their damage at 234 000 €.
“They maintain that the work was the cause of concerns, demotivation and incomprehension, since they acquired and renovated their house for its calm environment,” notes the Rennes administrative court.
“As early as 2009, they wanted the project owners to acquire it so as not to suffer the nuisances that they anticipated were inevitable, which was refused. »
A certificate from the woman’s treating doctor mentioned her “feeling of fatigue” and “sleep disturbances”.
However, it appears from the train passage table that the traffic is “ 48 train crossings between 6 a.m. and 10 p.m. and 3 passages between 10 p.m. and 6 a.m.,” explain the judges.
“Moreover, the high-speed line constitutes a notable visual nuisance in relation to the landscaped environment pre-existing its installation: in addition to the view of the structure, it screens the particularly clear perspective of the countryside and the woods which the applicants previously enjoyed,” concluded the court.
The third resident rejected
Finally, a resident of Pertre was rejected. His house is about 360 meters from the LGV. For the noise pollution linked to the passage of trains, the applicant requested €30,000 in compensation to SNCF Réseau or Eiffage.
But “the noise contribution of the high-speed line appears negligible given the significant distance and the masking effect of high road noise”, retorts the Rennes administrative court.
“Railway noise annoyance has no physical reality since the average level of ambient noise is equal to the average level of residual noise. »
The noise disturbance complained of by the owner “comes from the contribution of road noise and not noise of railway origin”, estimate the judges in view of the expert report carried out in this case.
“The noise damage linked to the LGV is therefore moderate. »
The local resident was therefore rejected and will have to take responsibility for the€10,000 expert fees.
GF (PressPepper)
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